Court : Guwahati
..... the factors pointed out above, namely, that a national highway passing through the territorial limit of a city is not included within the part of the municipal area, the national highway vests absolutely with the central government and the national highway authority is empowered to regulate and control plying of vehicles on the national highways are taken together into consideration, it becomes abundantly ..... section 4 is, now, analysed in the context of changes, which have taken place in the nh act, 1956, and the scheme of the nha act, 1988, it would become dear that the vesting of national highways in the central government is absolute in right as well as title and it has, therefore, been given the right to control, regulate and operate the national highways, which will in ..... portions of the highways, on which the khanamukh check-gate as well as certain other check-gates stand installed, have been vested in the nhai, yet the said stretches of highways have been merely entrusted with the nha for the purpose of development, maintenance and management and such vesting cannot by any stretch of reasonable reckoning be construed as declaration of the relevant stretch of highway as a national highway, as ..... transfer of this kind may be either-absolute (as in the previous example) or limited; thus, where an act of parliament enacts that a street shall vest in a local authority, this means that the surface of the land, and so much of the soil as is necessary for its use as a street .....
Tag this Judgment!Court : Guwahati
..... date on which the undertaking is delivered to the intending purchaser under sub-section (3) of section 5 or under sub-section (6) of section 6, as the case may be, whichever is earlier -- (i) the undertaking shall vest in the purchaser or the intending purchaser, as the case may be, free from any debt, mortgage or similar obligation of the licensee or attaching to the under taking provided that any such debt, mortgage or similar obligation ..... the appointed day shall be the liabilities of the company and shall be enforceable against it and not against the state government or where the undertaking of the company are directed, under section 6 to vest in the board, against that board :provided that the state government may, after observing proper financial formalities and by notification, declare certain liabilities or class or classes of liabilities to be the liabilities ..... cancel the agreement, though the petitioner performed and was ready and willing to perform their part but they were prevented by the respondents, and their officers, as alleged, having vested interest against the policy laid down and followed by the government, started obstructing completion of the project by adopting a various wrongful means; that the power purchase agreement was not ..... that view of the matter, sections 3 and 4 of the impugned act, which deal with transfer and vesting: and with general effect of vesting, are repugnant to the provisions of the act, 1910 and the supply act, 1948 and other provisions .....
Tag this Judgment!Court : Guwahati
..... 5 of the act explains that the responsibility for developing and maintaining in proper repair all national highways is given to the central government, a comparative reading of these two sections will show that the vesting of the aforesaid lands in the central government is to enable the central government to develop, maintain and proper repair of all national highways. ..... from the pleadings and submissions of the rival parties, the sole question, which falls for consideration, is whether the term 'vest' used in section 4 of the act will have the effect of transfer of ownership of the premises in question from the state government to the central ..... bhowmik, the learned senior counsel for the petitioners strenuously urges that when the premises stood vested in the central government by the operation of section 4 of the national highways act, 1956 (hereinafter referred to as 'the act' for short), all the ownerships, rights and interest thereto stood transferred to the central government and ..... provisions of the improvement act, particularly sections 45 to 49 and 54 and 54a when they speak of a certain building or street or square or other land vesting in a municipality or other local body or in a trust, do not necessarily mean that ownership has passed to any of them.14. ..... must, however, be noted that the submission of the learned senior counsel for the petitioners assumes that the word 'vest' necessarily signifies that ownership of the premises passes upon the central government. .....
Tag this Judgment!Court : Guwahati
..... the special recruits, in their counter, in the appeal, dismissed the challenge as utterly untenable, contending that mere inclusion of the names of the direct recruits in the select list did not vest them with any indefeasible right of prior appointment. ..... their lordships propounded that as the rules vest the commission with the power to hold the competitive examination and to select suitable candidates on the criteria fixed by it, the state government or the high level committee cannot issue any direction to the it for making .....
Tag this Judgment!Court : Guwahati
..... the words 'pass appropriate orders' in clause (b) of section 17 read with the provisions of section 15 would also include within its fold the powers of granting stay in those cases where district forum has exercised a jurisdiction not vested in it or has failed to exercise the jurisdiction so vested or has acted illegally or with material irregularities in exercise of its jurisdiction ..... pass appropriate orders in any consumer dispute which is pending before or has been decided by any district forum within the state, where it appears to the state commission that such district forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity ..... .' the above provisions vest powers with the state commission to entertain appeals against the orders of any district forum and also the powers to call for records and pass appropriate orders in any pending dispute or in any dispute decided by the district forum where the district forum has acted without jurisdiction or hasfailed to exercise a jurisdiction vested in it or has acted illegally or with material irregularity .....
Tag this Judgment!Court : Guwahati
..... that the parties litigating before it do not involve in such acts of omission or commission, which may lead to multiplicity of proceedings, or which may frustrate the proceeding pending before the court, imperative it was for the legislature to vest such powers in the court, which the court can resort to, in order to achieve its predominant goal of stopping 'ends of justice from being defeated', by granting, if necessary, temporary injunction, even in the circumstances, which the legislature ..... what is, thus, clear from the above discussion is that it is section 94(c), which vests the civil courts with the power to grant temporary injunction and also to punish for disobedience of the order of temporary injunction. ..... if in such a situation, inherent power is not exercised, there will be no meaning vesting the courts of civil jurisdiction with such inherent powers as section 151 confers. .....
Tag this Judgment!Court : Guwahati
..... 1:it is my wish and desire that after my demise my residence, 4th & 5th floors as mentioned above, shall vest to my wife and abovementioned four minor children with a condition that my wife and all my children shall enjoy and live there peacefully and for ever but none of them is entitled to sell/dispose or rent out ..... the result and effect will be that the management of the newspaper would vest on her and not on the trust body as nominated by her husband in the will. ..... he has maintained the same vesting it to his wife and children with the condition that they will not sell, dispose or rent out the said residential portion. ..... 3it is my wish and desire that all my movable and immovable properties excluding the trust property as aforesaid shall vest to my wife and children solely. ..... and the evidence of testamentary capacity is doubtful: he has gone to the extent of observing that as per the will, the legal heirs of the testator would get only small benefits and the vast properties would vest on the trust body. .....
Tag this Judgment!Court : Guwahati
..... syed hussain ali, (1962) 1 scr 383 : air 1961 sc 1402 that if the right to administer the properties never vested in the denomination or had been validly surrendered by it or had otherwise been effectively and irretrievably lost to it, article 26 could not be successfully invoked. ..... where educational institutions have set up a particular managing committee in which all the powers vest, such powers should not be curbed or taken away unless the government is satisfied that these powers are grossly abused and if allowed to continue may reduce the efficacy or the usefulness of the institution. ..... of all secondary schools shall be deemed to have become the employees of the state government, subject to the provisions of article 30 of the constitution, it naturally follows that the administration, management and control of all such employees shall vest in the state government from the appointed day. ..... section 5 of the act prescribes the functions of managing committees and provides : (1) the administration, management and control of all employees of all secondary schools coming within the purview of this act shall vest in the state government from the appointed day. ..... this only vests the powers of drawing and disbursing officer on the head master which ipso facto cannot affect any minority rights. .....
Tag this Judgment!Court : Guwahati
..... reported in : (2006)iillj722sc , has, while dealing with the matter of arbitrary recruitment, clearly held that the recruitment of a person in contravention of the recruitment rules does not vest, in such a person, a right to seek regularization. ..... rules vest power in the commission to hold the competitive examination and to select suitable candidates on the criteria fixed by it. .....
Tag this Judgment!Court : Guwahati
..... is brought in by the partners when the partnership is formed or which may be acquired in the course of the business, it was clearly stated by the supreme court that since a firm has no legal existence, the' partnership property will vest in all the partners and in that sense every partner has an interest in the property of the partnership. 7. .....
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